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Preparing a Client for a Child Custody Evaluation

Posted by Vincent C. DeLuca | Nov 15, 2011 | 0 Comments

Preparing for a Custody Evaluation in New Jersey

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New Jersey divorce lawyers often provide guidance and direction to their clients concerning the custody evaluation process. When divorce litigants are unable to amicably resolve custody issues, the court will typically authorize a custody evaluation.

Custody evaluations are most often performed by highly skilled forensic psychologists. The process includes being interviewed by the psychologist, collateral interviews with friends and family members, interviews with the child, personality testing, and observations of the parent and child interacting with one another.

These evaluations typically take many months to complete. At the conclusion, the custody evaluator prepares a comprehensive report that is often more than sixty pages in length.

A New Jersey divorce attorney should provide their client with the details of the evaluation process and supply the custody evaluator with all relevant court documentation.

Recommendations for Clients in a Custody Evaluation

Be Open and Honest

One of the most important aspects of a custody evaluation is being cooperative with the evaluator. Litigants should arrive on time to their appointments, be courteous to the evaluator and their staff, and answer all questions in an honest and open manner.

It is also important to avoid projecting yourself in a way that seems disingenuous. There is no such thing as a perfect parent, and custody evaluators are often very skilled at determining whether someone is trying to portray themselves in an unrealistic or overly positive light.

It is recommended that you do not try to overcompensate for any flaws in your parenting style. You should also make sure you are dressed appropriately and that your appearance is neat and clean when meeting with the evaluator.

Do Not Talk Badly About Your Spouse or Coach Your Child

When meeting with your custody evaluator, avoid repeatedly speaking negatively about your spouse. Your goal is to convey your own personality and parenting style to the evaluator, not to win favor by demonizing your former partner.

Instead, focus on describing how you and your spouse handle parenting time situations and child behaviors differently. If you have traditionally carried more responsibility for the care of your children, make sure you have documentary evidence to support those assertions and present it to the evaluator in a clear and organized manner.

It is also critical that you do not coach your child before they are questioned by the evaluator. Custody evaluators are experienced professionals who can easily identify when a child has been coached. If the evaluator determines that coaching occurred, it will seriously damage your credibility and could jeopardize your position in the custody evaluation process.

The Court's Considerations in a Child Custody Evaluation

Before submitting to a custody evaluation, clients should be aware of the statutory factors a court is required to consider when rendering a custody award. These factors include, but are not limited to:

  • The parents' ability to agree, communicate, and cooperate on matters relating to the child

  • The parents' willingness to accept custody, or any history of unwillingness to allow parenting time

  • The interaction and relationship of the child with each parent and with siblings

  • Any history of domestic violence

  • The needs of the child

  • Stability of the home environment

  • Fitness of the parents

  • The extent and quality of time spent with the child before or after the parties' separation

  • Employment responsibilities of each parent

  • The age and number of the children

The custody evaluation process is complex and requires adequate preparation to maximize the potential for a favorable result. If you are scheduled to take part in a child custody evaluation in New Jersey, you should hire an experienced child custody lawyer for help.

Villani & DeLuca – NJ Child Custody Lawyers

If you have questions about the custody evaluation process, contact experienced New Jersey family law attorney Vincent C. DeLuca, Esq. for a free consultation. Mr. DeLuca has represented many clients through custody evaluations throughout Ocean County and Monmouth County, New Jersey.

Call (732) 709-7757 today to schedule your free consultation.

About the Author

Vincent C. DeLuca
Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...

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